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The effective date of these Terms Of Sale is: 22 February 2021 


These are the Terms and Conditions of CMYKyles Limited trading as Jeremy Kyle Art (NZBN 9429046314338) (Jeremy Kyle Art”, “we”, “us”) on our website located at jeremykyleart.com, which is owned and operated by us (Website). 

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us. 


In addition to these Terms of Sale, your purchase of goods and/or services on the website is also governed by the following documents: 

(a) our privacy policy, which is available at
jeremykyleart.com/pages/privacy-policy. Our privacy policy governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances, and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information; and 

(b) our cookies policy, which is available at
jeremykyleart.com/pages/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device, or browser, and other relevant information relating to cookies, such as how to change your preferences to accept or reject cookies. 

By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Sale, you consent to our processing of your personal information in accordance with our privacy policy, and you consent to our use of cookies in accordance with our cookies policy.


1. ECOMMERCE


While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue). 

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable. 


2. PAYMENT


You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.

We currently accept payments by Visa, Mastercard, American Express, Google Pay, Shop Pay, and Apple Pay

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal, Stripe, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

We reserve the right to charge you for any unauthorised or unjustified charge backs you make (whether by credit or debit card or otherwise) for services you have purchased and you agree to indemnify us in respect of any reasonable costs we incur in relation to such chargebacks, including the recovery of the payment we have received from you.


3. DISCOUNTS AND COUPON CODES


We may offer discounts or coupon codes from time to time. 

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both). 

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only. 

Coupon codes are non-transferable and are not redeemable for cash under any circumstances. 

We reserve the right to revoke any discount offer or coupon code at any time without notice. 


4. STORE CREDIT


We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.

Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order. 

You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided. 

Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.

Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.


5. GIFT VOUCHERS


We may occasionally sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our Website

It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient. 

Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply. 

Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.

  • Voucher Expiry

Vouchers can be redeemed for one (1) year from the date of purchase and will expire after this date.

Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.


6. POSTAGE AND DELIVERY


We post products to over 200 countries. We are proud to offer international shipping services. However, there are some locations we are unable to ship to. For now, we are unable to ship to Cuba, Iran, Crimea, Syria, and North Korea. This list may change periodically. 

a) Rates

You agree to pay to us any postage fees calculated at checkout.

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website. 

b) Dispatch Timeframes

We process all orders within 12 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders. 

You acknowledge that we’re not liable for any delay in dispatch of your order. Moreover, you agree that shipping time may also depend on your response time to our inquiries regarding your order.

c) Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within estimated delivery period stated below, unless advised otherwise. 


Location

*Estimated Shipping Time

United States

3-5 Business Days

Canada, Europe

6-10 Business Days

Australia, New Zealand

12-14 Business Days

Central & South America

8-14 Business Days

Asia

8-12 Business Days

Africa

8-14 Business Days

Max delivery time – 20 business days.

*This doesn’t include our 1-3 day processing time.

*All shipping times exclude clearance/customs delays.

d) Delivery Address

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement. 

e) PO Boxes

We do not ship to PO boxes. Please place an alternative shipping address to ensure you receive your order successfully. 

f) Order Cancellations

All orders can be cancelled until they are shipped. If your order has been paid and you need to change or cancel it, you must contact us within 12 hours of placing the order. Once the packaging and shipping process has started, it can no longer be cancelled. 

g) Orders Lost in Transit

When we dispatch your order, we will give you a tracking code for you to track the progress of your order.

For some shipping companies, it takes 1-5 business days for the tracking information to update on the system. If your order was placed more than 5 business days ago and there is still no information on your tracking number, please contact us. If you have not received your order, but the tracking indicates that it has been delivered, please give up to 36 hours for your package to turn up before contacting the shipping carrier. We have found that shipping carriers occasionally mark deliveries complete before they are delivered, which, sadly, is beyond our control. We recommend that you approach the shipping carrier directly to seek immediate assistance over the shipping status of your order. If your order is still not delivered to the address that was submitted with the order, and no additional information is provided by the shipping carrier we ask that you file a "lost package" claim directly with the carrier as the recipient. Once you have filed a claim, please email us the claim number to info@jeremykyleart.com and we will follow up with the shipping carrier to take care of the rest. Unfortunately we cannot file a claim on your behalf if tracking shows a successful delivery by the shipping carrier, but we'll do our best to make sure the experience is hassle-free.

If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law. 

h) Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person. 

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

i) Customs

We are not responsible for any custom fees once the items have shipped. By purchasing our products, you consent that one or more packages may be shipped to you and may get custom fees when they arrive in your country.

j) Separate Packages

You understand and agree that, for logistical reasons, items in the same purchase will sometimes be sent in separate packages, even if you've specified combined shipping. 


7. EVENTS BEYOND CONTROL


As in life, sometimes circumstances beyond our control (strikes, pestilence, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution. 


8. ADVICE AND INFORMATION


We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.



9. CHANGE OF MIND


We print to order for all purchases, so unfortunately we are unable to offer a refund or exchange for change of mind or incorrect size choice. We recommend taking your time to select the perfect print for your space - or feel free to ask us for advice if you would like a second opinion! Similarly, please ensure you measure up carefully. A great trick is to cut a sheet of paper to the exact size of print that you're considering and blue-tack it to the wall. This will give you a really good sense of how the print will look in your space.


10. REFUNDS


We offer a 100% money back guarantee on all products that are defective or damaged during shipping. Just let us know and we will provide a return address and a replacement or refund as preferred. If you are unsatisfied with your order – please contact our support and we will do our best to help you out! Customers will be responsible for paying return shipping costs. 

We do not issue the refund if: your order does not arrive due to factors within your control (e.g. providing the wrong shipping address) 

*You can submit refund requests within 15 days after the guaranteed period for delivery (45 days) has expired. You can do it by sending us a message on our Contact Us page or via email here: info@jeremykyleart.com



11. INTELLECTUAL PROPERTY


You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you. 


12. COLOURS IN THE FINAL PRINT


You agree that Jeremy Kyle Art does not guarantee that the final colors of your purchased print will be exactly the same as were shown on your screen. Jeremy Kyle Art works hard to make the colours on the prints to be as close as possible to the colours shown on the screen but does not guarantee a 100% match. All screen settings are different and the colours displayed on your screen may be different to that of the final printed product. Additionally we cannot 100% guarantee the colour lifespan of your print, as the temperature, sunlight, moisture and numerous other environmental factors that may affect colour quality over time. For best results regarding your print purchase please follow our guidance on our FAQ page located here: jeremykyleart.com/pages/faq



13. AGE RESTRICTIONS FOR PURCHASES MADE ON OUR WEBSITE


Our website and our goods and services are not intended for use or purchase by individuals under the age of 18  (or  any higher age  as required for a contract to be binding on any such individual under applicable law). If you are under the age of 18, you must not use our website, purchase or attempt to purchase any of our goods or services, or submit any personal information to us. We do not knowingly or intentionally process the personal information of any individual under the age of 18 (or any higher age required for a contract to be binding on any such individual under applicable law) or offer or enter into contracts for the sale of goods or services with any individual below such age.



14. YOUR WARRANTIES


You warrant to us that you are at least 18 years of age or such higher age as is required in order to allow you to enter into these Terms of Sale as a legally binding contract between you and us, whether for yourself or any person or entity on behalf of whom you are purchasing our goods and/or services for. 

You warrant that you will only use our products and/or services for lawful, legal and moral purposes and not in any way that would bring harm or disrepute on us or our business. 

You warrant that you do not and will not compete with us directly or indirectly in any way whatsoever and that any products or services you purchase from us will not be used to compete with us in any way whatsoever. 



15. EXCLUSIONS AND LIMITATIONS OF LIABILITY


15.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law. 

15.2 If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our terms of use. 

15.3 Subject to the aforesaid, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to: 

(a) your use of our website; 

(b) any corruption or loss of data; 

(c) any inability to access our website, including, without limitation, any interruptions, suspension or withdrawal of our website (for any reason whatsoever); 

(d) any use you make of any content or materials on our website, including any reliance you make on such content or material; 

(e) any loss of savings, profits, sales, business or revenue; 

(f) any loss of reputation or goodwill; 

(g) any loss of savings; 

(h) any loss of a chance or opportunity; or 

(i) any other secondary, consequential or indirect losses, and even if we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising. 

15.4 We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15.5 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. 

15.6 You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by us. 

15.7 To the extent that any of the provisions of this clause 16 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.


16. INDEMNIFICATION


16.1 You (and also any third party for whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf): 

(a) your uploads or your access to or use of the website; 

(b) your breach or alleged breach of these Terms of Sale; 

(c) your violation of our or any third-party’s right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; 

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or 

(e) any misrepresentation made by you. 

16.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.


17. DISCLAIMERS


17.1 The website is provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: 

(a) the service; 

(b) the website content; 

(c) user content; or 

(d) security associated with the transmission of information to the website. In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. 

17.2 We do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of the website is at your sole risk. We do not warrant that your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms of Use. 

17.3 By accessing or using the website you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. 

17.4 We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.



18. CHANGES WE MAKE TO THESE TERMS OF SALE AND OTHER DOCUMENTATION


18.1 We reserve the right to update these Terms of Sale, our terms of use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Sale and other documentation for any reason, including: 

(a) to reflect any changes in the way we carry out our business; 

(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website; 

(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices; 

(d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or 

(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance. 

18.2 If required by law, we will provide you with notice of any changes in these Terms of Sale or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Sale or other such documentation on our website with a new effective date stated at the beginning of them. 

18.3 Any changes we make to these Terms of Sale shall not affect the Terms of Sale you entered into with us if and when you placed a previous order on or via our website. However, you should print off a copy of the Terms of Sale you enter into when you place an order on our website as we may not retain or make available previous Terms of Sale publicly on our website. 

18.4 You must check these Terms of Sale and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time. 

18.5 The date that these Terms of Sale and/or any other documents (including our terms of use, privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.


19. SEVERANCE


If any part of these conditions is found to be void or unenforceable by the New Zealand Courts (see clause 21) that part will be severed, and the rest of the agreement will remain in force.


20. TERMINATION


We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.


21. JURISDICTION / DISPUTE RESOLUTION


If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Auckland, New Zealand (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief). 

As we are based in Auckland, NZ, these terms will be governed by the laws of New Zealand. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New Zealand and courts of appeal from them.